Judges: PER CURIAM.
Attorneys: W. Theo Woodward, W. Don Woodward and W.W. Judge, for Petitioner;
Cary D. Landis, Attorney General, and Roy Campbell, Assistant Attorney General, for Respondent.
Filed: Jun. 16, 1937
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 639 On the 10th of February, 1937, upon petition to this Court a writ of habeas corpus was issued to Honorable S.E. Stone, Sheriff of Volusia County, Florida, commanding him to produce the body of one L.C. Price, imprisoned and detained, so it was alleged, in the county jail of Volusia County under and by virtue of a certain capias issued by the Circuit Court
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 639 On the 10th of February, 1937, upon petition to this Court a writ of habeas corpus was issued to Honorable S.E. Stone, Sheriff of Volusia County, Florida, commanding him to produce the body of one L.C. Price, imprisoned and detained, so it was alleged, in the county jail of Volusia County under and by virtue of a certain capias issued by the Circuit Court ..
More
Unless the information wholly fails to charge an offense, it will be upheld on habeas corpus. This writ cannot take the place of a motion to quash. Furthermore, this information charges that the officer was a deputy sheriff and a police officer. This being charged in the conjunctive, the information does charge that the officer was a deputy sheriff and no conviction could be had thereunder unless this was proved. If the charge had been in the alternative, or disjunctive, then the rule referred to, of testing the charge by the weaker averment, might apply. See Strobhar v. State, 55 Fla. 167, 47 So. 4; 31 C.J. 663-4. The clause in the information "and a policeman of the City of Ormond" might well be held to be mere surplusage, which could be rejected on motion in the Circuit Court, and yet leave a valid information. Mathis, vs. State, 70 Fla. 194, 69 So. 697.
